Ill-conceived Washington State Background Check Initiative Already Causing Absurd Outcomes

Barely two weeks after Washington State voters approved Initiative 594 -- a measure the NRA warned was “deeply flawed” -- our predicted consequences are beginning to emerge.

Under I-594’s restrictive language, a person simply handing his or her firearm to another is presumptively required to broker this “transfer” through a gun dealer.  This also necessitates the accompanying background check, fee, paperwork, taxes and, in the case of a handgun, state registration.

Proponents of the initiative had assured voters that fears of this overreach were exaggerated.  Prior to the vote on I-594, Geoff Potter, spokesman for 1-594 proponents Washington Alliance for Gun Responsibility, said I-594 “simply applies the current system of background checks to all sales.”

As recounted in a Washington State news report, however, the Lynden Pioneer Museum has opted to pull eleven loaned WWII rifles currently on display and return these firearms to their collector owners before the “transfer” requirement in I-594 takes effect next month.  The reason?  The law contains no exemptions for firearms loaned for museum displays, or loaned for similar educational or cultural institution study or uses.  Once the law takes effect, the firearms could not be returned to their owners without the mandatory background checks and all the logistics and expenses that entails.

The museum director in Washington came to this decision reluctantly but unavoidably.  “I read through the law about 10 different times looking for a loophole,” he said.  He found none.  Unfortunately, there is no guidance at the state level because Washington State Attorney General Bob Ferguson has reportedly not formed an opinion about I-594, and no authoritative interpretation of the initiative is available to the public, apart from the text of I-594 itself.  In the meantime, the museum’s attorney has stated he would welcome assurances from the state that it would not enforce the law to the detriment of the museum or the owners of the firearms on display.  To date, however, no such assurances have been forthcoming.

http://www.nraila.org/news-issues/articles/2014/11/ill-conceived-washington-state-background-check-initiative-already-causing-absurd-outcomes.aspx